McDonald v. Randall

I concur in the judgment of affirmance. I am not satisfied that the court below correctly decided on the evidence that the Randall Banking Company did not have knowledge of the real consideration of the note. But, without expressing any opinion on that question, I think that the outlawed debt, coupled with the three years’ extension of the time of payment, was a sufficient consideration to uphold both the note of the husband and the mortgage of the wife given to secure its payment.

Plaintiff’s action was apparently begun in reliance upon the principles laid down in Chaffee v. Browne, 109 Cal.…